Law No. 108 Of 2 June 1998 Approving Government Emergency Ordinance Nr. 26/1997 Regarding The Protection Of Children In Difficult Situations

Original Language Title:  LEGE nr. 108 din 2 iunie 1998 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 26/1997 privind protecţia copilului aflat în dificultate

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071274/-lege-nr.-108-din-2-iunie-1998-pentru-aprobarea-ordonanei-de-urgen-a-guvernului-nr.-26-1997-privind-protecia-copilului-aflat-n-dificultate.html

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Law No. 108 of 2 June 1998 approving emergency Government Ordinance No. 26/1997 regarding the protection of children in difficulty in ISSUING Parliament Published the OFFICIAL GAZETTE nr. 205 of 2 June 1998, the Romanian Parliament adopts this law.


Article 1 shall approve the Emergency Ordinance of Government No. 26 of 9 June 1997 on the protection of children in difficult situations, as published in the Official Gazette of Romania, part I, no. 120 of 12 June 1997, with the following amendments and supplements: 1. In article 1 (1) shall read as follows: Art. 1. — (1) for the purposes of this emergency Ordinance, the child was in a difficult position, if the development or physical or moral integrity is threatened. "
2. In article 3, after paragraph (1) shall be inserted (1 ^ 1 and ^ 2-1) with the following contents: "(1 ^ 1) a child who, temporarily or definitively, is deprived of the family environment or who, in his own interests, cannot be left in that environment, shall be entitled to protection and special aid on the part of the local community.
(1 ^ 2) The State guarantees the protection of the child against all forms of violence, including sexual abuse, physical or personal injury times mentally, abandonment or negligence, ill-treatment or exploitation in time lies in the care of their parents or one of them, or legal representative or any other person. "
3. Article 3 (2) shall read as follows: "(2) the State supports the local government unit of which belongs to the child, in the fulfilment of its duties for the protection of children in difficult situations."
4. In article 4 (2) shall read as follows: "(2) for the purposes of exercising the powers referred to in paragraph 1. (1), under the control of the County Council, the local councils of the sectors of Bucharest, are organized and function the Commission for child protection, hereinafter referred to as the Commission, and the public service specialized in child protection, hereinafter referred to as specialized public service. "
5. Article 7 shall read as follows: Art. 7. — (1) in order to meet the best interests of the child in difficulty, the Commission may draw up the following measures: (a) entrusting the child to a family), a person or a private body authorized;
  

(b) entrusting the child with a view to) adoption;
  

c) entrusting the child to the specialized public service;
  

(d) the child's placement at a) or to a person;
  

(e) the child's placement service) public or specialized private body authorized;
  

the placement of the child in f) urgently;
  

g) placement in a family child assisted.
  

(2) in choosing either of these measures need to be taken into account, as appropriate, of the need for rational continuity in the education of the child, as well as his ethnic origin, religious, cultural or linguistic.
  

(3) will ensure the child capable of discernment are entitled to freely express his opinion on the measures laid down in paragraph 1. (1)."
  

6. In article 10, paragraphs (3) and (5) shall read as follows: "(3) the child's school education cannot be changed except in its best interests, taking into account the provisions of art. 7 para. (2) and (3), with the approval of the Commission. The religious faith in which he was educated the child cannot change only in exceptional cases, with the approval of the Commission. "
"(5) the right to administer the child's property shall be exercised by the Commission, it can delegate the specialized public service or private body authorized person times, with which the child has been entrusted. To this end, within 15 days from the date of custody, the inventorying of the child. The public service Commission, with approval, will be able to alienate the child's property only if the Act of responding to the needs or presents an unmistakable for child benefit. The proceeds resulting from the sale of assets of the child, as well as income from these will be deposited in the personal account, on behalf of the child by the civil service, and shall not be removed except with the consent of the Commission. "
7. Article 19 becomes article 13 with the following content: "Art. 19.-the harmonious development of the child entrusted, pursuant to article. 9 or given in placement in the article. 12(3). (2) ensure the orphanages that works within the specialized public service or private authorized body to which the child has been entrusted or given in placement. "
8. Articles 13 to 15 shall become articles 14-16.
9. Article 20 becomes article 17 with the following content: "Art. 20. — (1) the specialized public service or authorized private body, which he received in custody or placement of a child, will ensure its appropriate family environment.

(2) in order to ensure an appropriate family environment public service specializing is obliged: a to identify) families or persons who might be entrusted or given in placement, the child as a priority among its relatives up to the fourth degree inclusive;
  

b) to determine the opinion of the child capable of discernment about the family or person proposed to receive him in custody or in foster care and to bring to the attention of the Commission;
  

c) to ensure that family support and assistance, or both before and after the child's placement or custody;
  

d to provide assistance) and support to the parents of the child, in order to prepare its comeback in the family environment;
  

e) ensure adequate spaces within or outside placement centres and means of personal contact and direct the child with its parents, if applicable, in accordance with the regulations;
  

f) to supervise the families and persons to whom he has been entrusted or given in placement of a child for the duration of this measure, as well as the child's parents, after returning in a family environment;
  

g) to submit reports and proposals to the Commission in respect of the matters mentioned above, on a quarterly basis or upon request. "
  

10. Article 21 becomes article 18.
11. In article 22, which becomes article 19, paragraph (2) shall read as follows: "(2) at the request of the child, it can remain in orphanages or to family or person to which it has been entrusted or given in placement and after acquiring full exercise capacity, if they continue their studies, but without exceeding the age of 26 years."
12. In article 23 which becomes article 20, paragraph (1) shall read as follows: Art. 23. — (1) for each child entrusted or given in placement shall be granted a monthly maintenance allowance in the amount of 300,000 lei, which is indexed by decision of the Government. "
13. Article 24 becomes article 21(3).
14. After article 25, which shall become article 22, shall be inserted in chapter II ^ 1 with the following title: "chapter II ^ 1-educational Measures towards the child who has committed a criminal offence prescribed by the law, but not criminally" 15. Article 16 becomes article 23 with the following content: "Art. 16. — (1) the child who has committed a criminal offence prescribed by the law, but not criminally, enjoy protection under the terms of this emergency Ordinance.

(2) No child criminally has not reached the age of 14 years or aged between 14 and 16 years old, unless it turns out that he committed the Act with discretion. "
  

16. In article 17 which becomes article 24, paragraph (1) shall read as follows: Art. 17. — (1) the face of child in the situation referred to in article 1. 16, the Commission will take one of the following educational measures: a) reprimand;
  

b) supervised liberty;
  

c) hospitalization in a re-education centre;
  

d) hospitalization in a medical-educational institution. "
  

17. According to article 17, which becomes article 24 shall be included in articles 17-17 ^ 1 ^ 5 with the following content: "Art. 17 ^ 1. -Educational Measure of rebuke lay in dojenirea the child, showing the danger of the offence perpetrated, in advising the child to wear so to show him straightening, drawing at the same attention as if committing a crime again, it will get to him a more severe measure or i will be able to apply a penalty.
Art. 17 ^ 2. -(1) the educational Measure of supervised freedom consists in leaving the child at liberty for one year, under special surveillance. Supervision can be entrusted, as appropriate, their parents, adopter or guardian of the child. If none of them can not provide supervision under satisfactory conditions, the Commission shall have custody of the child supervision, on the same time frame, a family or a person of trust, a private body or a public service.

(2) the person to whom it was entrusted with the supervision of the child is required to watch closely over the reaction of the latter, for the purpose of providing incentives, as well as the obligation to notify, without delay, the Commission when your baby balk at wearing supervisors, bad or has committed a criminal offence prescribed by the law.
  

(3) the Commission may impose the following obligations: child of) not to frequent certain places;
  

b) not between certain persons;
  

c) to attend school regularly or a qualifier.
  

(4) the Commission draws attention to child consequences of his behaviour.
  

(5) after taking the measure of freedom, the Commission monitored încunoştinţează school, the child learns.
  


(6) If the period of supervision within the child balk at what supervision is exercised over it or wearing it has bad times again (1) an Act provided for in the criminal law, the Commission shall revoke the measure of supervised liberty and take measure against child deaths in a rehabilitation centre or a medical institution-educative.
  

Art. 17 ^ 3. -(1) the educational Measure of child hospitalisation in a reeducation center take the purpose of the child whom reeducation, ensure the possibility to acquire the necessary teaching and vocational training, according to his skills.

(2) the measure of internment shall be taken against the child with respect to whom educational measures are neîndestulătoare.
  

Art. 17 ^ 4. -Measure of internment in a medical-educational institution shall be taken against the child, by reason of his physical or mental condition, in need of medical treatment and a special arrangement of education.
Art. 17 ^ 5. -(1) the measures provided for in article 10. 17 ^ 3 ^ 4 and 17 are taken on for undetermined, but may not last until his 60th birthday than the child of 18 years of age. The measure provided for in article 10. 17 ^ 3 should be lifted as soon as he disappeared due to imposed taking it. The Commission, with the lifting of the measure referred to in article 1. 17 ^ 4, may, where appropriate, to take the measure of your child in a re-education centre.

(2) the date when the child becomes major extension, the Commission may order the stay of a duration not exceeding 2 years, if this is necessary to achieve the aim admission. "
  

18. Article 18 becomes article 30 with the following content: "Art. 18. — (1) educational measures provided for in article 10. 17 are taken from the date of referral to the Prosecutor, police, school, parents or any other person concerned.

(2) educational measures provided for in article 10. 17 lit. b)-(d)) shall be taken only on the advice of the Prosecutor.
  

(3) educational measures To the Commission will take account of the degree of danger of the offence perpetrated, intellectual and physical development, emotional child, his general behavior, of the conditions in which he was raised and where he lived and any elements likely to characterize its personality. "
  

19. Chapter III chapter IV becomes the following: "chapter III-organization and functioning of the Commission for child protection". Articles 26-28 and become articles 31 to 33.
21. Article 29 becomes article 34 with the following content: "Art. 29.-the Commission decision may be appealed to the Court with territorial jurisdiction, according to the rules of the common law. "
22. Article 35 becomes article 30, with the following content: "Art. 30.-private bodies, referred to in this emergency Ordinance, are legal persons governed by private law as non-profit, formed in accordance with the law. The establishment of private bodies, the Court will ask the Department for child protection and the Ministry of national education. Where the statutory objectives of the private body include activities other than children, the categories will be required and the opinion of the Ministry of labour and social security. "
23. Articles 31-36 of 36 items become-41.
24. In article 37, which becomes article 42, paragraph (1) shall read as follows: Art. 37. — (1) the expenditure on the protection of children in difficult situations is financed from the budget of the County Council and the Councils budget sectors of Bucharest. For the same purpose can be used and extrabudgetary funds. Department for child protection may fund national programmes for the protection of children in difficult situations, from funds transferred from the State budget with this destination, from foreign credits, inputs and from extra-budgetary funds. "
25. Article 38 becomes article 43 with the following content: "Art. 38. — (1) for the purposes of this emergency Ordinance, the Department for child protection in conjunction with the concerned ministries shall elaborate guidelines and interim measures, which shall be approved by decision of the Government.

(2) the Department for child protection controls, according to the law, the protection of children in difficult situations, carried on by local government authorities. "
  

26. Article 39 becomes article 44 with the following content: "Art. 39.-actions and claims relating to the application of this emergency Ordinance are exempted from stamp duty and stamp. "
27. Article 40 becomes article 45 with the following content: "Art. 40. (1) within 6 months after the entry into force of this emergency Ordinance, the commissions will check and will reassess all measures of protection laid down in the ruling being implemented of the former territorial commissions for the protection of minors who work according to law No. 3/1970 concerning protection of some categories of minors.

(2) upon expiry of the period referred to in paragraph 1. (1) decisions of the territorial commissions for the protection of minors and cease. "
  

28. Article 41 becomes article 46 with the following content: "Art. 41. — (1) the transfer of care-children's homes swings-and reception centres for minors who work according to law No. 3/1970, transferring staff and their heritage, and their reorganization into foster care and child reception centres within the specialized public services will be made pending the entry into force of the law on State budget for the year 1998 through protocol concluded between the county councils, local councils of the respective sectors of Bucharest, and authorities to whom these institutions have functioned until the entry into force of this emergency Ordinance.

(2) the assets of the transferred pursuant to paragraph 1. (1) the organization maintains its destination and business protection of children in difficult situations.
  

(3) teaching staff and teaching auxiliary, the owner, in healthcare institutions who work according to law No. 3/1970 and transfer, in accordance with paragraph 1. (1) within the framework of reception and placement of the child within the public service specialized in child protection, retains the status of teaching staff.
  

(4) staff responsible for literacy, education, transferred under the terms of paragraph 1. (3), apply the provisions of law No. 128/1997 concerning the status of teachers.
  

(5) the functions of the staff of orphanages, mentioned in paragraph 1. (3), are: student/educator, teacher-educator, teacher-educator, teacher-educator, teacher-student, student, music teacher, Professor of physical education.
  

(6) the functions of auxiliary teaching orphanages, mentioned in paragraph 1. (3), are: a) Librarian, documentarian, editor;
  

b) computer scientist;
  

c) laboratory technician;
  

d) technician;
  

e) school educator;
  

f) instructor-animator, extra-school education instructor;
  

g) social worker;
  

h) accompaniment;
  

night supervisor I). "
  

29. Article 42 becomes article 47.


Article 2 the Government's Emergency Ordinance No. 26/1997 regarding the protection of children in difficult situations, with the amendments and additions made by this Bill, will the Republic Official Gazette of Romania, giving it a new texts.
This law was adopted by the Chamber of deputies at its meeting on 11 May 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. M. CHAMBER of DEPUTIES PRESIDENT PAULA IVANESCU this law was adopted by the Senate at its meeting on 11 May 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. CRISTIAN SORIN DUMITRESCU CHAIRMAN SENATE — — — — —